|Norman H. Zivin|
Norman H. Zivin was born in Chicago, Illinois, in 1944. He received an EM degree in mining and metallurgical engineering from the Colorado School of Mines, and his JD degree, cum laude, from Columbia University. He is admitted to the New York and Illinois State Bars; the US Supreme Court; the US Courts of Appeal for the Second, Third, Fifth, Seventh, Ninth and Federal Circuits; the US District Courts for the Southern and Eastern Districts of New York; the Northern District of Illinois and the Eastern and Western Districts of Wisconsin. He is a registered patent attorney. Mr. Zivin is a member of the American Bar Association, The Association of the Bar of the City of New York, the New York Intellectual Property Law Association, the International Trademark Association (Chairman, Product Substitution Committee, 1986-1988), the American Intellectual Property Law Association, (Chairman, Moot Court Committee, 1982-1983), and the American Institute of Mining, Metallurgical and Petroleum Engineers. He is a former President of the Town Club of New Castle, New York, a local civic organization. He has lectured before several bar associations and the Practicing Law Institute. He handles all phases of litigation and counseling in the intellectual property area. Mr. Zivin is listed in Euromoney Legal Media Group's Guide to the World's Leading Patent Law Experts, Super Lawyers (New York and Corporate Counsel editions), and in Who's Who in America.
Recent Intellectual Property Trials and Appeals:
Represented Columbia University in the prosecution of a patent infringement action against Roche on a patent directed to a co-transformation method of making pharmaceuticals which was invented by the Nobel-Prize winning inventor Professor Richard Axel. The Court held the patent valid and infringed and a judgment for damages was issued.
Represented SEB, a French home appliance manufacturer, in the prosecution of an infringement action on a deep fryer patent against Montgomery Ward and others. The jury returned a verdict of several million dollars in SEB’s favor. The damages were enhanced by the Court and attorneys’ fees also were awarded, but later reduced because of a change in the law. The judgment was affirmed on appeal by the Federal Circuit.
Represented Romag Fasteners in the prosecution of an infringement action on a magnetic fastener patent. The jury rendered a verdict of several million dollars in Romag’s favor. The damages were enhanced by the Court and attorneys’ fees also were awarded. The judgment was affirmed on appeal by the Federal Circuit.
Represented Romag Fasteners in the defense of an infringement action on a magnetic fastener patent. The Court granted judgment as a matter of law at the close of the plaintiff’s case, discharging the jury. The Court then awarded attorneys’ fees against the plaintiff and some of the plaintiff’s lawyers for bringing a frivolous case. The judgment was affirmed on appeal by the Federal Circuit.
Represented Romag Fasteners in the prosecution of a trademark and patent infringement case against J.C. Penney. After the Court granted a temporary restraining order against J.C. Penney requiring removal of handbags from their stores, the matter was settled in favor of Romag.
Represented Donruss-Playoff, a maker of sports trading cards, in the defense of a patent infringement action concerning memorabilia sports cards. The Court granted summary judgment dismissing the complaint. The judgment was affirmed on appeal by the Federal Circuit.
Represented Coach in the prosecution of a trade dress and trademark infringement action concerning handbags. The jury found the defendants liable and the Court awarded attorneys’ fees to Coach. This is one of the few cases where the appearance of a product was protected. The judgment was affirmed on appeal by the Second Circuit.
Represented Kohl’s Department Stores in the defense of a trademark and copyright infringement action. The jury found that Kohl’s had no liability, although a judgment was rendered against other defendants.
Represented ITT Industries in the prosecution of a trademark infringement action. The Court granted summary judgment of defendant’s liability and awarded ITT damages and attorneys’ fees. The judgment was affirmed on appeal by the Third Circuit.
Represented Patsy’s Brand in the prosecution of a trademark infringement action concerning pasta sauce. The Court granted summary judgment in Patsy’s favor and awarded attorneys’ fees and sanctions against the defendants. The judgment was affirmed on appeal by the Second Circuit.
Represented Patsy’s Italian Restaurant in the prosecution of a service mark and unfair competition against a pizzeria chain and its franchisee. The jury found willful infringement by the pizzeria franchisee and fraud by the chain. The case now is on appeal.